Here is a list of the documents and information we usually need to consider a private ruling request from a foreign superannuation fund seeking an exemption from withholding tax on interest and dividend income derived from Australia. If you provide supporting information this will usually reduce the time it takes us to consider your request.

If you want to apply for a private ruling to request an exemption, you need to:

Note: In circumstances where an exemption is available, Australian tax may still be payable on any income derived from an Australian source which is not interest and/or dividend income. If this is the case, an Australian tax return will generally be required to be lodged for that income (but not for payments subject to final withholding tax).

Supporting information

Information we need to consider a private ruling request includes the following:

A copy of the trust deed and rules (if any) for the fund, detailing the establishment, operating rules, the super benefits and entitlements provided. This must be provided in English.

Details of any legislation which regulates the fund in its country of residence. If this is not publically available in English, an English version must be provided.

Either:

Evidence confirming the fund is exempt from income tax on its interest and dividend income in the country of residence. For example, evidence of being a registered pension scheme in the country of residence, and evidence that a registered pension scheme is exempt under the relevant legislation, or

A copy of a certificate or letter from the tax authority in the country where the fund is a resident, confirming that the fund is exempt from income tax on its interest and dividend income in that country for at least one year during the application period of the ruling. The date of the certificate or letter confirming the entity's tax exempt status in its home country may impact on the ruling application period.

Note: If the fund is not exempt from income tax on its interest and/or dividend income in its home country, a withholding tax exemption under paragraph 128B(3)(jb) of the Income Tax Assessment Act 1936 cannot be granted and section 128D of that Act will not apply.

A statement from the fund, or evidence supporting that

the fund was established in a foreign country

the central management and control of the entity is carried on outside Australia by entities none of whom is an Australian resident

a contribution paid to the entity or set aside for the entity has not been or cannot be deducted under the Income Tax Assessment Act 1997

a tax offset has not been allowed or is not allowable for such an amount.

The total dollar value of the fund's Australian investments for which an exemption is sought and the expected rate of return on that investment.

If available, the super fund's website details or a copy of any publication, brochure or pamphlet issued to the entity's members explaining the entity and benefits available, that has been issued within two years of the date the ruling is requested. This must be provided in English.

If the application relates to a master/group trust or indirect investment into Australia, Early Engagement is recommended. All relevant information about the structure and entities in the structure will be required. This includes any deeds or agreements relevant to the entity making the investment.

Our commitment to you

We are committed to providing you with accurate, consistent and clear information to help you understand your rights and entitlements and meet your obligations.

If you follow our information and it turns out to be incorrect, or it is misleading and you make a mistake as a result, we will take that into account when determining what action, if any, we should take.

Some of the information on this website applies to a specific financial year. This is clearly marked. Make sure you have the information for the right year before making decisions based on that information.

If you feel that our information does not fully cover your circumstances, or you are unsure how it applies to you, contact us or seek professional advice.